Columbia Firearm Possession Lawyer
Buying or selling a gun without a license, using a weapon where its use is unauthorized, or carrying a firearm without a permit could result in misdemeanor or felony criminal charges. A Columbia firearm possession lawyer may be able to assist you in responding to those criminal charges.
Although Americans are protected by the Second Amendment, it does not provide absolute protection to possess or carry a firearm. Individuals who live in or visit Columbia should make it a point to understand what their rights are when it comes to owning and carrying firearms. Contact an experienced gun attorney as soon as possible to assist you.
Firearm Possession in Columbia
South Carolina is Second Amendment-friendly. A person may wish to possess a firearm for self-defense. Safety is always a very important issue for people. Aside from safety, many people shoot for sport in South Carolina. Hunting is incredibly popular. There are so many hunters in South Carolina and once hunting season arrives, people are going to be transporting shotguns, rifles, and firearms for self-defense or for shooting snakes.
It is relatively simple to obtain legal possession of a firearm, as long as an individual has a clean criminal record. If they do not have a felony or domestic violence conviction, they are most likely going to clear the screening process and be able to buy the firearm. As long as the person goes to a reputable dealer, it should not be that difficult to legally possess a firearm.
An individual is allowed to transport a pistol to and from their home or their place of business. That is the only other exception if they do not have a CWP, a concealed weapons permit, for carrying a firearm. You are not allowed to carry a firearm into a school, bank, government building, or business. You are also not allowed to carry the firearm if you have consumed alcohol. Although a Columbia firearm possession lawyer would note the restrictions in place, firearm possession is fairly easy. Although it can be a time-consuming and costs money, if one is willing, they can obtain a concealed weapons permit.
Steps to Lawfully Obtain a Firearm Permit
There is a training course that is generally done either in one full day or over the course of several weeks at night. The course consists of lectures, a shooting test, a written test, a knowledge and skills test, and an application of shooting a firearm test. As long as an individual passes the shooting and written test, they will be able to get the concealed weapons permit.
There are a lot of groups that offer courses. Just about any valid reputable licensed firearm dealer has courses associated with them. They are offered all around South Carolina. They will walk an individual through the steps of the training and the laws necessary. If one goes to SLED’s website, the South Carolina Law Enforcement Division’s website, they will find the rules and regulations regarding obtaining a concealed weapons permit. They are the gatekeeper for concealed weapons permits. One of the training classes will be able to answer any questions as well as any Columbia firearm possession lawyer.
Registration and Documentation
An individual can only validly carry when they have a South Carolina concealed weapons permit or another state’s permit that has reciprocity with South Carolina and they have their concealed weapons permit. If one does not have a concealed weapons permit that is licensed or valid for South Carolina, then the firearm must be in a fastened compartment like a glove compartment, trunk, or center console that has a latch.
Once a person passes the CWP course, the written test, and the shooting test, they send their fingerprints to be processed and do background check, they will be able to obtain documentation. Once the individual passes those tests, they will receive a CWP permit, which looks like a valid driver’s license but is labeled”concealed weapons permit.” A Columbia firearm possession lawyer has experience with registration and documentation.
Unlawful Possession
The unlawful possession of a firearm in Columbia is a misdemeanor crime and carries up to one year in prison at the Court of General Sessions. The person involved will be arrested and processed, booked, and bonded out of court. They will have to deal with the pending criminal charge.
Unlawful carrying happens quite often. One of the most common instances occurs when someone who is transporting a weapon in their car and the pistol is under their seat or in a bag in the back of a car. Often, people have the gun stowed under their seat for ease of access if they needed it for self-defense, but they do not possess a concealed weapons permit. This is considered unlawful possession of a firearm in Columbia.
If an officer finds the firearm, the person will have to deal with a criminal charge and will have to try and have it removed from their record as best as they can. Prosecutors are often very aggressive in these cases and have no desire to dismiss them.
Penalties
Unlawful possession of a firearm in Columbia carries up to one year in jail and is a misdemeanor offense. Possession of a stolen pistol is a felony that carries up to five years in jail. They are very different instances as far as the possession element of carrying a pistol.
If charged, a person will be arrested and booked in the county jail. That person will have to receive a bond and go through the process of a bond hearing. They will have a first appearance and second appearance, so they need to immediately retain a criminal defense attorney to represent them and make sure their rights are protected. If a person is found in illegal possession, they will be arrested. It is not a ticket offense; it is a criminal offense that does require a person to be arrested.
Get Help from a Columbia Firearm Possession Lawyer
Someone who is in possession of a firearm should avoid breaking any other laws. The most important thing is not drinking alcohol. It is illegal to drink alcohol or have another type of impairing prescription medication or drug and be in possession of a firearm. That is not safe and not legal. If someone is drinking at a bar, they cannot legally carry the firearm. There is a threshold amount for blood alcohol content or BAC.
Although South Carolina is gun-friendly, it can still be easy to be charged with a crime. If you are charged, you should make it a point to obtain legal advice so you can try to mitigate the consequences that surround a conviction for a weapons offense. Contact a Columbia firearm possession lawyer as soon as possible if you are questioned for a gun crime or arrested.